RULE OF CONSTRUCTION

Document items indicate requirements to be documented in the special education process. They can be addressed on forms or by a representative statement in a written dialogue.

Practice items are requirements, which must be reflected in practice.

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

(a)  Each school district must establish an admission, review, and dismissal (ARD) committee for each eligible student with a disability and for each student for whom a full individual and initial evaluation is conducted pursuant to §89.1011 of this title (relating to Full Individual and Initial Evaluation). The ARD committee is the individualized education program (IEP) team defined in federal law and regulations, including, specifically, 34 Code of Federal Regulations (CFR), §300.321. The school district is responsible for all of the functions for which the IEP team is responsible under federal law and regulations and for which the ARD committee is responsible under state law, including the following: 
(1)  34 CFR, §§300.320-300.325, and Texas Education Code (TEC), §29.005 (individualized education programs); 
(2)  34 CFR, §§300.145-300.147 (relating to placement of eligible students in private schools by a school district); 
(3)  34 CFR, §§300.132, 300.138, and 300.139 (relating to the development and implementation of service plans for eligible students placed by parents in private school who have been designated to receive special education and related services); 
(4)  34 CFR, §300.530 and §300.531, and TEC, §37.004 (disciplinary placement of students with disabilities); 
(5)  34 CFR, §§300.302-300.306 (relating to evaluations, re-evaluations, and determination of eligibility); 
(6)  34 CFR, §§300.114-300.117 (relating to least restrictive environment); 
(7)  TEC, §28.006 (Reading Diagnosis); 
(8)  TEC, §28.0211 (Satisfactory Performance on Assessment Instruments Required; Accelerated Instruction); 
(9)  TEC, §28.0212 (Junior High or Middle School Personal Graduation Plan); 
(10)  TEC, §28.0213 (Intensive Program of Instruction); 
(11)  TEC, Chapter 29, Subchapter I (Programs for Students Who Are Deaf or Hard of Hearing); 
(12)  TEC, §30.002 (Education for Children with Visual Impairments); 
(13)  TEC, §30.003 (Support of Students Enrolled in the Texas School for the Blind and Visually Impaired or Texas School for the Deaf); 
(14)  TEC, §33.081 (Extracurricular Activities); 
(15)  TEC, Chapter 39, Subchapter B (Assessment of Academic Skills); and 
(16)  TEC, §42.102 (Special Education). 
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

34 Code of Federal Regulations § 300.320  Definition of individualized education program. 

(a) General. As used in this part, the term individualized education program or IEP means a written statement for each child with a disability that is developed, reviewed, and revised in a meeting in accordance with §§300.320 through 300.324, and that must include— 
    (1) A statement of the child’s present levels of academic achievement and functional performance, including— 
       (i) How the child’s disability affects the child’s involvement and progress in the general education curriculum (i.e., the same curriculum as for nondisabled children); or 
      (ii) For preschool children, as appropriate, how the disability affects the child’s participation in appropriate activities; 
    (2)
       (i) A statement of measurable annual goals, including academic and functional goals designed to— 
          (A) Meet the child’s needs that result from the child’s disability to enable the child to be involved in and make progress in the general education curriculum; and 
          (B) Meet each of the child’s other educational needs that result from the child’s disability; 
       (ii) For children with disabilities who take alternate assessments aligned to alternate academic achievement standards, a description of benchmarks or short-term objectives; 
    (3) A description of— 
       (i) How the child’s progress toward meeting the annual goals described in paragraph (2) of this section will be measured; and 
       (ii) When periodic reports on the progress the child is making toward meeting the annual goals (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards) will be provided; 
    (4) A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or supports for school personnel that will be provided to enable the child— 
       (i) To advance appropriately toward attaining the annual goals; 
       (ii) To be involved in and make progress in the general education curriculum in accordance with paragraph (a)(1) of this section, and to participate in extracurricular and other nonacademic activities; and 
       (iii) To be educated and participate with other children with disabilities and nondisabled children in the activities described in this section; 
    (5) An explanation of the extent, if any, to which the child will not participate with nondisabled children in the regular class and in the activities described in paragraph (a)(4) of this section; 
    (6)
       (i) A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on State and districtwide assessments consistent with section 612(a)(16) of the Act; and 
       (ii) If the IEP Team determines that the child must take an alternate assessment instead of a particular regular State or districtwide assessment of student achievement, a statement of why— 
          (A) The child cannot participate in the regular assessment; and 
          (B) The particular alternate assessment selected is appropriate for the child; and 
    (7) The projected date for the beginning of the services and modifications described in paragraph (a)(4) of this section, and the anticipated frequency, location, and duration of those services and modifications. 
. . . 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

(a)  Each school district must establish an admission, review, and dismissal (ARD) committee for each eligible student with a disability and for each student for whom a full individual and initial evaluation is conducted pursuant to §89.1011 of this title (relating to Full Individual and Initial Evaluation). The ARD committee is the individualized education program (IEP) team defined in federal law and regulations, including, specifically, 34 Code of Federal Regulations (CFR), §300.321. The school district is responsible for all of the functions for which the IEP team is responsible under federal law and regulations and for which the ARD committee is responsible under state law, including the following: 
(1)  34 CFR, §§300.320-300.325, and Texas Education Code (TEC), §29.005 (individualized education programs); 
(2)  34 CFR, §§300.145-300.147 (relating to placement of eligible students in private schools by a school district); 
(3)  34 CFR, §§300.132, 300.138, and 300.139 (relating to the development and implementation of service plans for eligible students placed by parents in private school who have been designated to receive special education and related services); 
(4)  34 CFR, §300.530 and §300.531, and TEC, §37.004 (disciplinary placement of students with disabilities); 
(5)  34 CFR, §§300.302-300.306 (relating to evaluations, re-evaluations, and determination of eligibility); 
(6)  34 CFR, §§300.114-300.117 (relating to least restrictive environment); 
(7)  TEC, §28.006 (Reading Diagnosis); 
(8)  TEC, §28.0211 (Satisfactory Performance on Assessment Instruments Required; Accelerated Instruction); 
(9)  TEC, §28.0212 (Junior High or Middle School Personal Graduation Plan); 
(10)  TEC, §28.0213 (Intensive Program of Instruction); 
(11)  TEC, Chapter 29, Subchapter I (Programs for Students Who Are Deaf or Hard of Hearing); 
(12)  TEC, §30.002 (Education for Children with Visual Impairments); 
(13)  TEC, §30.003 (Support of Students Enrolled in the Texas School for the Blind and Visually Impaired or Texas School for the Deaf); 
(14)  TEC, §33.081 (Extracurricular Activities); 
(15)  TEC, Chapter 39, Subchapter B (Assessment of Academic Skills); and 
(16)  TEC, §42.102 (Special Education). 
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

19 Texas Administrative Code § 89.1040. Eligibility Criteria.

. . . 
(b)  Eligibility determination. The determination of whether a student is eligible for special education and related services is made by the student's admission, review, and dismissal committee. Any evaluation or re-evaluation of a student must be conducted in accordance with 34 CFR, §§300.301-300.306 and 300.122. The multidisciplinary team that collects or reviews evaluation data in connection with the determination of a student's eligibility must include, but is not limited to, the following:
(1)  a licensed specialist in school psychology (LSSP), an educational diagnostician, or other appropriately certified or licensed practitioner with experience and training in the area of the disability; or
(2)  a licensed or certified professional for a specific eligibility category defined in subsection (c) of this section.
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

(a)  Each school district must establish an admission, review, and dismissal (ARD) committee for each eligible student with a disability and for each student for whom a full individual and initial evaluation is conducted pursuant to §89.1011 of this title (relating to Full Individual and Initial Evaluation). The ARD committee is the individualized education program (IEP) team defined in federal law and regulations, including, specifically, 34 Code of Federal Regulations (CFR), §300.321. The school district is responsible for all of the functions for which the IEP team is responsible under federal law and regulations and for which the ARD committee is responsible under state law, including the following: 
(1)  34 CFR, §§300.320-300.325, and Texas Education Code (TEC), §29.005 (individualized education programs); 
(2)  34 CFR, §§300.145-300.147 (relating to placement of eligible students in private schools by a school district); 
(3)  34 CFR, §§300.132, 300.138, and 300.139 (relating to the development and implementation of service plans for eligible students placed by parents in private school who have been designated to receive special education and related services); 
(4)  34 CFR, §300.530 and §300.531, and TEC, §37.004 (disciplinary placement of students with disabilities); 
(5)  34 CFR, §§300.302-300.306 (relating to evaluations, re-evaluations, and determination of eligibility); 
(6)  34 CFR, §§300.114-300.117 (relating to least restrictive environment); 
(7)  TEC, §28.006 (Reading Diagnosis); 
(8)  TEC, §28.0211 (Satisfactory Performance on Assessment Instruments Required; Accelerated Instruction); 
(9)  TEC, §28.0212 (Junior High or Middle School Personal Graduation Plan); 
(10)  TEC, §28.0213 (Intensive Program of Instruction); 
(11)  TEC, Chapter 29, Subchapter I (Programs for Students Who Are Deaf or Hard of Hearing); 
(12)  TEC, §30.002 (Education for Children with Visual Impairments); 
(13)  TEC, §30.003 (Support of Students Enrolled in the Texas School for the Blind and Visually Impaired or Texas School for the Deaf); 
(14)  TEC, §33.081 (Extracurricular Activities); 
(15)  TEC, Chapter 39, Subchapter B (Assessment of Academic Skills); and 
(16)  TEC, §42.102 (Special Education). 
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

34 Code of Federal Regulations § 300.306  Determination of eligibility. 
  
(a) General. Upon completion of the administration of assessments and other evaluation measures— 
    (1) A group of qualified professionals and the parent of the child determines whether the child is a child with a disability, as defined in §300.8, in accordance with paragraph (c) of this section and the educational needs of the child; and 
. . .  


Last Amended:  82 FR 29761, June 30, 2017
Entered:  Aug. 1, 2017

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

(a)  Each school district must establish an admission, review, and dismissal (ARD) committee for each eligible student with a disability and for each student for whom a full individual and initial evaluation is conducted pursuant to §89.1011 of this title (relating to Full Individual and Initial Evaluation). The ARD committee is the individualized education program (IEP) team defined in federal law and regulations, including, specifically, 34 Code of Federal Regulations (CFR), §300.321. The school district is responsible for all of the functions for which the IEP team is responsible under federal law and regulations and for which the ARD committee is responsible under state law, including the following: 
(1)  34 CFR, §§300.320-300.325, and Texas Education Code (TEC), §29.005 (individualized education programs); 
(2)  34 CFR, §§300.145-300.147 (relating to placement of eligible students in private schools by a school district); 
(3)  34 CFR, §§300.132, 300.138, and 300.139 (relating to the development and implementation of service plans for eligible students placed by parents in private school who have been designated to receive special education and related services); 
(4)  34 CFR, §300.530 and §300.531, and TEC, §37.004 (disciplinary placement of students with disabilities); 
(5)  34 CFR, §§300.302-300.306 (relating to evaluations, re-evaluations, and determination of eligibility); 
(6)  34 CFR, §§300.114-300.117 (relating to least restrictive environment); 
(7)  TEC, §28.006 (Reading Diagnosis); 
(8)  TEC, §28.0211 (Satisfactory Performance on Assessment Instruments Required; Accelerated Instruction); 
(9)  TEC, §28.0212 (Junior High or Middle School Personal Graduation Plan); 
(10)  TEC, §28.0213 (Intensive Program of Instruction); 
(11)  TEC, Chapter 29, Subchapter I (Programs for Students Who Are Deaf or Hard of Hearing); 
(12)  TEC, §30.002 (Education for Children with Visual Impairments); 
(13)  TEC, §30.003 (Support of Students Enrolled in the Texas School for the Blind and Visually Impaired or Texas School for the Deaf); 
(14)  TEC, §33.081 (Extracurricular Activities); 
(15)  TEC, Chapter 39, Subchapter B (Assessment of Academic Skills); and 
(16)  TEC, §42.102 (Special Education). 
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

19 Texas Administrative Code § 89.1055. Content of the Individualized Education Program. 

(a)  The individualized education program (IEP) developed by the admission, review, and dismissal (ARD) committee for each student with a disability must comply with the requirements of 34 Code of Federal Regulations (CFR), §300.320 and §300.324. 
. . . 

Last Amended: June 7, 2022, 47 TexReg3248

Entered: June 9, 2022

34 Code of Federal Regulations § 300.321  IEP Team. 

(a) General. The public agency must ensure that the IEP Team for each child with a disability includes— 
    (1) The parents of the child; 
   (2) Not less than one regular education teacher of the child (if the child is, or may be, participating in the regular education environment); 
   (3) Not less than one special education teacher of the child, or where appropriate, not less than one special education provider of the child; 
   (4) A representative of the public agency who— 
       (i) Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities; 
      (ii) Is knowledgeable about the general education curriculum; and 
      (iii) Is knowledgeable about the availability of resources of the public agency. 
   (5) An individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in paragraphs (a)(2) through (a)(6) of this section; 
   (6) At the discretion of the parent or the agency, other individuals who have knowledge or special expertise regarding the child, including related services personnel as appropriate; and 
   (7) Whenever appropriate, the child with a disability. 
. . . 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

19 Texas Administrative Code § 89.1050. The Admission, Review, and Dismissal Committee.

(a)  Each school district must establish an admission, review, and dismissal (ARD) committee for each eligible student with a disability and for each student for whom a full individual and initial evaluation is conducted pursuant to §89.1011 of this title (relating to Full Individual and Initial Evaluation). The ARD committee is the individualized education program (IEP) team defined in federal law and regulations, including, specifically, 34 Code of Federal Regulations (CFR), §300.321. The school district is responsible for all of the functions for which the IEP team is responsible under federal law and regulations and for which the ARD committee is responsible under state law, including the following: 
(1)  34 CFR, §§300.320-300.325, and Texas Education Code (TEC), §29.005 (individualized education programs); 
(2)  34 CFR, §§300.145-300.147 (relating to placement of eligible students in private schools by a school district); 
(3)  34 CFR, §§300.132, 300.138, and 300.139 (relating to the development and implementation of service plans for eligible students placed by parents in private school who have been designated to receive special education and related services); 
(4)  34 CFR, §300.530 and §300.531, and TEC, §37.004 (disciplinary placement of students with disabilities); 
(5)  34 CFR, §§300.302-300.306 (relating to evaluations, re-evaluations, and determination of eligibility); 
(6)  34 CFR, §§300.114-300.117 (relating to least restrictive environment); 
(7)  TEC, §28.006 (Reading Diagnosis); 
(8)  TEC, §28.0211 (Satisfactory Performance on Assessment Instruments Required; Accelerated Instruction); 
(9)  TEC, §28.0212 (Junior High or Middle School Personal Graduation Plan); 
(10)  TEC, §28.0213 (Intensive Program of Instruction); 
(11)  TEC, Chapter 29, Subchapter I (Programs for Students Who Are Deaf or Hard of Hearing); 
(12)  TEC, §30.002 (Education for Children with Visual Impairments); 
(13)  TEC, §30.003 (Support of Students Enrolled in the Texas School for the Blind and Visually Impaired or Texas School for the Deaf); 
(14)  TEC, §33.081 (Extracurricular Activities); 
(15)  TEC, Chapter 39, Subchapter B (Assessment of Academic Skills); and 
(16)  TEC, §42.102 (Special Education). 
. . . 

Last Amended: June 7, 2022, 47 TexReg 3248

Entered: June 9, 2022

34 Code of Federal Regulations § 300.116  Placements. 

In determining the educational placement of a child with a disability, including a preschool child with a disability, each public agency must ensure that— 
 
(a) The placement decision— 
    (1) Is made by a group of persons, including the parents, and other persons knowledgeable about the child, the meaning of the evaluation data, and the placement options; and
   (2) Is made in conformity with the LRE provisions of this subpart, including §§300.114 through 300.118; 
. . . 


Last Amended:  71 FR 46765, Aug. 14, 2006
Entered:  May 28, 2009

34 Code of Federal Regulations § 300.320  Definition of individualized education program. 

. . . 
(d) Construction. Nothing in this section shall be construed to require— 
    (1) That additional information be included in a child’s IEP beyond what is explicitly required in section 614 of the Act; or 
. . . 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

Texas Education Code § 29.005. Individualized Education Program.  

. . . 
(f)  The written statement of a student's individualized education program may be required to include only information included in the model form developed under Section 29.0051(a).
. . .


Last Amended: 79th Leg., Ch. 838 (S.B. 882), Sec. 12, eff. September 1, 2005
82nd Leg., R.S., Ch. 1250 (S.B. 1788), Sec. 1, eff. June 17, 2011
83rd Leg., R.S., Ch. 458 (S.B. 914), Sec. 1, eff. June 14, 2013
84th Leg., R.S., Ch. 1192 (S.B. 1259), Sec. 2, eff. June 19, 2015
87th Leg., R.S., Ch. 225 (H.B. 785), Sec. 1, eff. June 4, 2021
Entered: October 20, 2021

Texas Education Code § 29.0051. Model Form.   

(a)  The agency shall develop a model form for use in developing an individualized education program under Section 29.005(b).  The form must be clear, concise, well organized, and understandable to parents and educators and may include only: 
    (1)  the information included in the model form developed under 20 U.S.C. Section 1417(e)(1); 
    (2)  a state-imposed requirement relevant to an individualized education program not required under federal law; and 
    (3)  the requirements identified under 20 U.S.C. Section 1407(a)(2).

(b)  The agency shall post on the agency's Internet website the form developed under Subsection (a).

(c)  A school district may use the form developed under Subsection (a) to comply with the requirements for an individualized education program under 20 U.S.C. Section 1414(d).


Last Amended: 82nd Leg., R.S., ch. 1250, Sec. 2, eff. June 17, 2011
Entered: July 25, 2011
SBS

34 Code of Federal Regulations § 300.320  Definition of individualized education program. 

. . . 
(d) Construction. Nothing in this section shall be construed to require— 
. . .  
    (2) The IEP Team to include information under one component of a child’s IEP that is already contained under another component of the child’s IEP. 


Last Amended:  72 FR 61307, Oct. 30, 2007
Entered:  June 8, 2009

Texas Education Code § 29.0051. Model Form.   

. . . 
(c)  A school district may use the form developed under Subsection (a) to comply with the requirements for an individualized education program under 20 U.S.C. Section 1414(d).


Last Amended: 82nd Leg., R.S., ch. 1250, Sec. 2, eff. June 17, 2011
Entered: July 25, 2011 

 

The Legal Framework for the Child-Centered Process: Glossary of Terms (Region 18 ESC)
IEP Model Form (TEA)

Model Form: Individualized Education Program (OSEP)